도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who violated Article 44(1) of the Road Traffic Act on May 9, 2008, by receiving a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and on October 15, 2008, by receiving a summary order of KRW 3 million due to a violation of the Road Traffic Act from the same court on October 15, 2008.
On November 28, 2015, the Defendant driven a B 2 truck at approximately 25km section from the road front of the Ynam-gun, Namnam-gun, Seoul, to the road front of the village in the Dong-dong, Dong-dong, Dong-dong, Dong-dong, in a state of alcohol content of 0.059% of alcohol content among blood transfusions.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of a copy of the previous summary order);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. The Defendant already committed the instant crime even though he/she had been punished three times or more or more for drinking driving under Article 62-2 of the Criminal Code of the community service order and the reason for sentencing under Article 62-2 of the Social Service Order.
Considering that the distance of the defendant's driving of drinking alcohol is not short, it is necessary to strictly punish the defendant.
However, the sentencing factors revealed in the trial process of this case, such as the fact that the defendant is against the defendant, the fact that the defendant has no record of punishment exceeding the fine, the age, occupation, environment, sexual conduct of the defendant, the background and contents of the crime of this case, and the circumstances after the crime, etc., shall be determined in accordance with the order.